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
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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.
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Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Dubuque
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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
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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