Loading...
Major League Baseball (MLB) Field of Dreams Game Letter of Agreement Copyrighted February 4, 2020 City of Dubuque Action Items # 5. ITEM TITLE: Major League Baseball (MLB) Field of Dreams Game - Letter of Agreement SUM MARY: City Manager transmitting the signed Letter of Agreement between MLB Entities and the City of Dubuque related to the August 13, 2020 Major League Baseball Game at the Field of Dreams in Dyersville. SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve ATTACHMENTS: Description Type MLB Entities Letter of Agreement-MVM Memo City Manager Memo Staff Memo Staff Memo Letter ofAgreement Supporting Documentation Dubuque THE CITY OF � uI�AaMca cih DuB E � � I � � I Maste iece on the Mississi i Zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: MLB Entities Letter of Agreement DATE: January 30, 2020 City Attorney Crenna Brumwell is transmitting the signed Letter of Agreement between MLB Entities and the City of Dubuque related to the August 13, 2020 Major League Baseball Game at the Field of Dreams in Dyersville. The City of Dyersville has executed a similar agreement. The Letter of Agreement is to confirm arrangements relating to the participation of the City of Dubuque in activities surrounding the regular season game between the Chicago White Sox and the New York Yankees. This agreement was negotiated at the request of Major League Baseball to appropriately market the event and to protect their memorabilia, souvenirs, advertising and broadcast contracts. The City will also work with Major League Baseball to develop an appropriate security plan. I respectfully request Mayor and City Council approval of the Letter of Agreement. � Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Dubuque THE CITY OF � All-America Ciry DuB E ,�jj�, Maste iece on the Mississi i zoo�.zo�z=zo�s rP PP z017*2019 CRENNA M . BRUMWELL , ESQ. � 2� CITY ATTORNEY �-� To: Michael Van Milligen City Manager DaTe: January 30, 2020 Re: MLB Entities Letter of Agreement Attached is the signed Letter of Agreement between MLB Entities and the City of Dubuque, lowa related to the August 2020 Major League Baseball Game at the Field of Dreams in Dyersville. Thank you. Attachment OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR�/IEW PLACE,3OO MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 589-4381 /Fnx (563) 583-1040/Ennni� cbrumwel@cityofdubuque.org Masterpiece on the Mississippi CRENNA M. BRUMWELL, ESQ. CITY ATTORNEY MEMO To: City Manager DATE: February 21, 2020 RE: 2020 MLB at Field of Dreams Events and Activities Michael C. Van Milligen Dubuque Al•America Ciity NATIONALONC. ,•aa 'III®' 2007.2012.2013 2017*2019 Enclosed is the original Letter of Agreement regarding the above -referenced, signed by Marla Miller, Senior Vice President, Special Events of MLB. I would appreciate it if you would please sign where indicated, and provide the original to City Clerk Kevin Firnstahl for his file. Thank you. Enclosure Cc: Kevin S. Firnstahl, City Clerk Juanita Hilkin, Office Manager F:\Users\cbrumwel\City Manager\MVM_OriginalMLBLetterOfAgreement 022120.docx OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 589-4381 / FAx (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org MAJOR LEAGUE BASEBALL 1271 AVENUE OF THE AMERICAS, NEW YORK, NY 10020 January 14, 2020 Michael C. Van Milligen City Manager City of Dubuque 50 W. 13th St., Second Floor Dubuque, IA 52001 Re: 2020 MLB at Field of Dreams Events and Activities Dear Mr. Van Milligen: This letter of agreement ("LOA") is to confirm arrangements relating to the participation of the City of Dubuque ("City"), in activities ("Activities") surrounding the regular season game between the Chicago White Sox and the New York Yankees to be held on Thursday, August 13, 2020 (or Friday, August 14, 2020 if there is inclement weather on Thursday) at a newly constructed ballpark("Ballpark") near the site of the Field of Dreams movie ("Film") in the City of Dyersville ("Game" and, hereinafter, the week of the Game is Game Week"). Any use of Major League Baseball logos or word marks ("MLB Marks"), including any trademarks associated with the league or any of its Clubs or events, must be pre- approved in writing by the Office of the Commissioner of Baseball ("MLB") as to each use thereof. Except to the extent the use of MLB Marks is approved by MLB hereunder, it is agreed and understood that no right, title or interest to or in the MLB Marks or any other copyrights, trademarks, service marks, trade secrets, trade dress and other proprietary rights owned by MLB Entities (as defined below) (collectively, "MLB Intellectual Property") is granted under this LOA. All such right, title and interest to or in the use of MLB Intellectual Property shall remain the exclusive property of the MLB Entities. For the purposes of this LOA, the "MLB Entities" are MLB, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., the Major League Baseball Clubs ("Clubs"), The MLB Network, LLC and each of their parent, subsidiary, affiliated and related entities. The City acknowledges and agrees that no rights are granted under this LOA to the Field of Dreams word mark, logos or any other proprietary rights in the Film ("Field of Dreams Marks"). For any use by the City of the Field of Dreams Marks, the City must obtain the requisite consent from Universal Studios. 212.931.7800 \ www.mlb.com In the event the City plans to hold viewing parties of the Game ("Viewing Parties"), any such Viewing Parties must be pre-approved by MLB in writing, provided that any such approval will be subject to the following conditions: (i)the FOX feed of the Game ("Feed") must be used for all Viewing Parties, (ii) the Feed must be shown in its entirety, including commercials, and no alterations or modifications may be made to the Feed, (iii) the Feed may not be recorded or retransmitted in any manner, (iv) there may be no third party sponsor arrangements or involvement of any kind in connection with the Viewing Parties, v) no MLB Intellectual Property may be used in connection with the Viewing Parties without the prior written approval of MLB in each instance, (vi) there may be no separate admission charge or "suggested" entry charge to the Viewing Parties, (vii) the Viewing Parties must be limited to the number of guests designated by MLB in each instance; (viii) there may be no marketing, promoting or advertising of any kind of the Viewing Parties without the prior written approval of the MLB, (ix) FOX shall have, and the City shall provide, access to the host venues to film and telecast live or taped reports of the Viewing Parties to the extent such right is granted to FOX by MLB Entities, and (x)the MLB Entities reserve all rights not specifically granted hereunder, including, without limitation, all copyrights in the Game and the Feed. The City will permit MLB, at its sole cost and expense, to install Game-related signage, graphics and other decor ("Signage") in mutually agreed upon locations throughout the City, which shall include the City's major transportation hubs, for the duration of Game Week. The City will work with MLB to obtain expedited permits as necessary in connection with the Game and Activities ("Permits"), including, without limitation, Permits for the Signage. The City and MLB will work together to develop a security plan and transportation plan for Game Week. The City will take all commercially reasonable steps to prevent competition with MLB sponsors (each, a "Sponsor"). At a minimum, during Game Week, the City will not permit any competitor of a Sponsor ("Sponsor Competitor"), other than a Sponsor Competitor with a primary place of business located within the City of Dubuque, to host and/or sponsor public hospitality events or set up temporary retail locations, including, but not limited to, pop-up stores, tents, canopies or air-supported structures, through which retail products or free samples are marketed or distributed, in the City ("Sponsor Competitor Activations"). A list of Sponsors as of the date of this LOA is attached as Exhibit A. MLB will provide the City with an update to such list if there are any changes prior to Game Week. The foregoing shall not prohibit an existing business with a physical retail location within the City of Dubuque from operating in the ordinary course of business. Finally, the City will use best efforts to enforce its zoning, public nuisance, special events, and solicitor's license ordinances during Game Week. The City agrees to review and consider the proposed clean zone ordinance provided by MLB. We look forward to working together to make Game Week safe for gue is of the City of Dubuque. Sin /rely y urs, Marla Miller Senior Vice President, Special Events Major League Baseball Acknowledged and confirmed: CITY OF DUBUQUE By: Name: Michael C. Van Milligen Title: City Manager Exhibit A SPONSOR BUSINESS CATEGORY Amazon Cloud Storage Provider Anheuser-Busch Alcoholic & Non-Alcoholic Malt Beverages Apple Tablets Bank of America Banking Services, Affinity Cards Barbasol Razors, Shaving Cream Camping World, Good Sam, Gander Recreational Vehicles (RVs), RV parts, services Mountain, Gander Outdoors, and supplies (excluding "auto aftermarket") and Overton's, The House, outdoor recreational equipment solely in Windward/W82, Erehwon Mountain connection with the following activities: hunting, Outfitter boating, water sports, fishing, camping, hiking, biking, marine, skiing, and snowboarding Church & Dwight (Arm & Hammer, Laundry Detergent, Baking Soda, Dish Cleaner,Church ean) Air Freshener, Pet Care, Dental Care, Nasal OxiClCare, Stain Remover, Carpet Stain Remover CLEAR Biometric Identity Coca-Cola Carbonated Soft Drink CohnReznick Accounting & Tax Services Power Generation, Desalination, Energy Storage System/Microgrid, Construction Equipment, Advanced Heavy Machinery, Chemical Doosan, Bobcat Processing Equipment, Industrial Engines, Construction, Industrial Vehicles, Fuel Cell Solutions and Services, Portable Power Commercial) DraftKings Daily Fantasy Baseball Evan Williams Bourbon Dark Liquor Gatorade Isotonic Beverages, Protein/Energy Bars GEICO Automobile Insurance Google Assistant Virtual Assistant Google Search Search Engine GM (Chevrolet) Foreign & Domestic Vehicle (Including Parts & Service) Hankook Tire Tires Kingsford Charcoal, Grilling Fuel Mastercard Credit Card/Payment System MGM Resorts International Gaming (Casino, Sports Book & Sports Betting) Mitel Business Technology & Communications NetSpend Affinity Prepaid Card NTT Ultra-Reality Viewing Technology for Fan Experience Old Dominion Freight, Freight Logistics Papa John's Pizza Men's and Women's health delivery service, Roman telemedicine, telehealth, online pharmacy provider Scotts Lawn Care Provider, Grass Seed, Lawn Care Company ,Lawn & Garden Company SiriusXM Satellite Radio Network Snapple Juice & Tea Supercuts Hair Salon & Grooming Services Taco Bell QSR T-Mobile Wireless The Hartford Business, Home, Group Benefits, Marine Insurance Tuneln On-Line Streaming Utz Salty Snacks, Crackers W.B. Mason Office Products/Supplies Over the top virtual multichannel video YouTube TV programming distributors ("MVPDs") offering live streaming of linear channels