HomeMy WebLinkAbout823-Historic Sanford Memor. Sta HISTORIC SANFORDMEMORIAL STADIUM FUNDING AGREEMENT
THIS AGREEMENT is made and entered this / day of ,
2000, by and between SEMINOLE COUNTY, a political subdivision of the
State of Florida, whose address is Seminole County Services Building,
1101 East First Street, Sanford, Florida 32771, hereinafter referred to
as "COUNTY," and THE CITY OF SANFORD whose mailing address is P. O. Box
1788, Sanford, Florida 32772, hereinafter referred to as "CITY."
WITNESSETH:
WHEREAS, the Florida State Legislature enacted Section 125.0104,
Florida Statutes, known as the Local Option Tourist Development Act in
response to the growing need of Florida counties to provide additional
revenue sources for tourist development to stimulate the local economy;
and
WHEREAS, the voters of Seminole County approved by referendum, the
imposition of the Tourist Development Tax on transient rental
accommodations in Seminole County; and
WHEREAS, the COUNTY, in coordination with the Tourist Development
Council, appropriated Tourist Development Tax revenues to assist in the
renovation of the Historic Sanford Memorial Stadium, a use of Tourist
Development tax revenue which is permitted pursuant to Section
125.0104(5) (a) of the Florida Statutes; and
WHEREAS, the CITY intends to use Tourist Development Tax revenues
granted the CITY by this Agreement to guarantee the CITY a line of
credit for financing the renovation of the Historic Sanford Memorial
Stadium,
NOW, THEREFORE, in consideration of the mutual understandings and
agreements set forth herein, the COUNTY and the CITY agree as follows:
Section 1. Term. The term of this Agreement shall be for ten
(10) years from the date the last party executes this Agreement, unless
earlier terminated, as provided herein.
Section 2. Termination. This Agreement may be terminated by
either party at any time, with or without cause, upon not less than
thirty (30) days' written notice to the other party, as provided for
herein, or, at the option of the COUNTY, immediately in the event that
the CITY fails to fulfill any of the terms, understandings or covenants
of this Agreement. The COUNTY shall not be obligated to pay for any
services provided or costs incurred by the CITY after the CITY has
received notice of termination. Upon said termination, the CITY shall
immediately refund to the COUNTY, or otherwise utilize as the COUNTY
directs, any unused funds provided hereunder.
Section 3. Services.
(a) The CITY will be responsible for the planning, development,
contracting and payment thereof for the project described in Exhibit
"A". Said contracted services shall be secured through a competitive
bid process by the CITY. The CITY shall provide a minimum of FIVE
HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00) in funding for
renovation of the stadium.
(b) The CITY shall use funds from this Agreement in conjunction
with monies granted by the Federal Government, the State of Florida, or
any public or private agency to renovate the Historic Sanford Memorial
Stadium as described in Exhibit "A" attached hereto and incorporated
herein by reference.
(c) In order to qualify for reimbursement, the CITY shall be
required to submit with each annual request for funds, written proof of
the CITY's good faith efforts to obtain funding for the Historical
Sanford Memorial Stadium renovation project from other State, Federal,
public or private funding sources. Failure to provide such proof shall
result in cancellation or diminishment of the funding allocated for that
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year. Said proof shall also contain an itemized list of all funding
received by the CITY from all sources which is applied to the
construction, enlargement, renovation, remodeling, repair, improvement,
of the Historic Sanford Memorial Stadium.
(d) In order to qualify for reimbursement under this Agreement,
the CITY must submit written proof of liability coverage to the COUNTY
upon execution of this Agreement.
Section 4. Indemnity.
(a) Each party to this Agreement is responsible for all personal
injury and property damage attributable to the negligent acts or.
omissions arising out of this Agreement of that party and the officers,
employees and agents thereof.
(b) The parties further agree that nothing contained herein shall
be construed or interpreted as denying to any party any remedy or
defense available to such parties under the laws of the State of
Florida, nor as a waiver of sovereign immunity of the COUNTY and the
CITY beyond the waiver provided for in Section 768.28, Florida Statutes.
(c) The waiver of a provision herein by either party shall not
constitute the further waiver of said provision or the waiver of any
other provision.
Section 5. Billing and Payment. The COUNTY hereby agrees to
provide financial assistance to the CITY up to a maximum sum of FOUR
HUNDRED THOUSAND AND NO/100 DOLLARS ($400,000.00) in ten (10) equal
installments of FORTY THOUSAND AND NO/100 DOLLARS ($40,000.00) each year
for ten (10) years, for all services provided hereunder by the CITY
during the term of this Agreement in accordance with the project
description as set forth in Exhibit "A." Annual payments shall be made
to the CITY upon:
(a) Receipt by the COUNTY of a Request for Funds form, attached
hereto and incorporated herein as Exhibit "B," from the CITY requesting
all or part of the above amount. The Request for Funds form shall be
completed properly and required documentation attached. Such request by
the CITY shall only be for services specifically provided for herein
necessary to serve Seminole County;
(b) Verification by the Seminole County Tourism Development
Director that the CITY is providing the services for which funding is
sought and has complied with the reporting requirements contained
hereinafter;
(c) The final Request for Funds form shall be accompanied by a
detailed report of the economic impact on the COUNTY resulting from the
project, funds for which have been provided hereunder. Such report
shall include, but not be limited to, the estimated number of hotel or
motel rooms occupied and expenditures directly xelated to events to be
held at the renovated stadium; and
(d) Payment requests shall be sent tor
Original: Director
Seminole County Tourism Development
1230 Douglas Avenue, Suite 116
Longwood, Florida 32779
Duplicate: Director, Department of Finance
Seminole County Services Building
1101 East First Street
Sanford, Florida 32771
(e) Payment shall be contingent upon the CITY's compliance with
the requirements as stated in Exhibit "A" and provision of written proof
of good faith efforts to obtain additional funding as described in
Section 3(b) of this Agreement.
(f) All funding granted to the CITY under the terms of this
Agreement shall, each year, be offset by any dollars received by the
CITY from any State, Federal, public or private funding source used to
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construct, enlarge, remodel, repair, or improve the Historic Sanford
Memorial Stadium. This offset shall not include the CITY's Fiscal Year
2000 legislative appropriation in the amount of TWO HUNDRED THOUSAND AND
NO/100 DOLLARS ($200,000.00), nor shall it include any monies received
by the CITY to repay their line of credit for this project in the amount
of SIXTY-EIGHT THOUSAND AND NO/100 DOLLARS ($68,000.00) per year for the
term of this Agreement. It is the intention of the parties that only
those funds received by the CITY in excess of TWO HUNDRED THOUSAND AND
NO/100 DOLLARS ($200,000.00) Fiscal Year 2000 legislation appropriation
and the CITY's SIXTY-EIGHT THOUSAND AND NO/100 DOLLARS ($68,000.00)
annual payment be used to reduce the COUNTY's annual commitment of funds
under this Agreement. Determination of the offset amount each year
shall be made solely by the COUNTY.
(g) The COUNTY shall provide the CITY with technical assistance
in the preparation of the forms required herein as may be needed.
Section 6. Reporting Requirements. In the performance of this
Agreement, CITY shall maintain books, records and accounts of all
activities in compliance with normal accounting procedures. CITY shall
transmit and have the CITY's Financial Director certify interim records
with each Request for Funds form submitted to the COUNTY. Each Request
for Funds form shall detail costs incurred as referenced in Exhibit "A"
and in Section 3(b) of this Agreement. CITY shall submit an interim
Narrative Progress Report form, attached hereto and incorporated herein
as Exhibit "C," with each Request for Funds form. Additionally, the
CITY shall submit a final Narrative Progress Report form and a financial
report within ninety (90) days of project completion or lapse or
termination of this Agreement.
Section 7. Non-Allowable Costs. The purpose for which Tourist
Development Tax grant funds are provided to the CITY shall not duplicate
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programs for which monies have been received, committed or applied for
from another source. The monies provided hereunder shall be expended
only for the activities or purposes set forth in Exhibit "A." Non-
reimbursable expenditures include, but are not limited to, legal,
accounting, auditing, planning, marketing, feasibility studies; purchase
of real property; prize money, scholarships, awards, plaques or certifi-
cates; private entertainment, lodging, food and beverages; and CITY
wages, salaries, administrative or travel expenses.
Section 8. Unavailability of Funds. The CITY acknowledges that
Tourist Development Tax revenues are the source of funding for this
Agreement and that no other COUNTY revenues shall or may be utilized to
meet the COUNTY's obligations hereunder. Subject to the limitation and
availability of Tourist Development Tax revenues, this Agreement may be
terminated immediately by the COUNTY, by written notice of termination
to the CITY as provided hereinafter. The COUNTY shall not be obligated
to pay for any services provided or costs incurred by the CITY after the
CITY has received such notice of termination. In the event there are
any unused COUNTY funds, CITY shall promptly refund those funds to the
COUNTY, or otherwise use such funds as the COUNTY directs.
Section 9. Access to Records. The CITY shall allow the COUNTY,
its duly authorized agent and the public access to such of the CITY's
records as are pertinent to all services provided hereunder, at
reasonable times upon reasonable notice, and under reasonable conditions
for inspection and examination in accordance with Florida Statutes.
Section 10. Liaison. The CITY shall submit the originals of the
Request for Funds form, the Narrative Progress Report form and any other
required reports or correspondence to the following:
Director
Seminole County Tourism Development
1230 Douglas Avenue, Suite 116
Longwood, Florida 32779
Section 11. Notices. Whenever either party desires or is
required to give notice unto the other, it shall be given in writing by
certified United States mail, with return receipt requested, and sent
to:
FOR COUNTY:
Director
Seminole County Tourism Development
1230 Douglas Avenue, Suite 116
Longwood, Florida 32779
FOR CITY:
Mayor Larry Dale
P.O. Box 1788
Sanford, Florida 32772
Either of the parties may change, by written notice as provided above,
the person or address for receipt of notice.
Section 12. Assignments. Neither party to this Agreement shall
assign this Agreement, nor any interest arising herein, without the
written consent of the other.
Section 13. Entire Agreement.
(a) It is understood and agreed that the entire Agreement of the
parties is contained herein and that this Agreement supersedes all oral
agreements and negotiations between the parties relating to the subject
matter hereof as well as any previous agreements presently in effect
between the parties relating to the subject matter hereof.
(b) Any alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed in
writing and duly signed by the parties.
Section 14. Compliance with Laws and Regulations. In providing
all services pursuant to this Agreement, the CITY shall abide by all
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statutes, ordinances, rules, and regulations pertaining to, or
regulating the provisions of, such services, including those now in
effect and hereafter adopted. Any violation of said statutes,
ordinances, rules, or regulations shall constitute a material breach of
this Agreement, and shall entitle the COUNTY to terminate this Agreement
immediately upon delivery of written notice of termination to the CITY
as provided hereinabove.
Section 15. Conflict of Interest.
(a) The CITY agrees that it will not engage in any action that
would create a conflict of interest in the performance of its
obligations pursuant to this Agreement with the COUNTY or which would
violate or cause others to violate the provisions of Part III, Chapter
112, Florida Statutes, relating to ethics in government.
(b) The CITY hereby certifies that no officer, agent or employee
of the COUNTY has any material interest (as defined in Section
112.312(15), Florida Statutes, as over 5%) either directly or indirect-
ly, in the business of the CITY to be conducted here, and that no such
person shall have any such interest at any time during the term of this
Agreement.
(c) Pursuant to Section 216.347, Florida Statutes, the CITY
hereby agrees that monies received from the COUNTY pursuant to this
Agreement will not be used for the purpose of lobbying the Legislature
or any other State or Federal Agency.
IN WITNESS WHEREOF, the parties to this Agreement have caused
theist names to be affixed hereto by the proper officers thereof for the
purposes herein expressed on the day and year first above written.
ATTEST:
( CORPO~RAT. E SEAL )
Date
ATTEST:
County Commissioners of
Seminole County, Florida
For the use and reliance
of Seminole County only.
Approved as to form and
legal sufficiency.
Coun~ey
AC/lpk
03/10/99 03/22/00 05/04/00 05/26/00
BOARD OF COUNTY COMMISSIONERS
- By: CARLT NLE~
Date:
As authorized for execution by
the Board of County Commis-
\\CA PO CSB\SYS\CA\USERS\Calk01\MYDOCS\AGT\stadiumfunding.doc
Attachments:
Exhibit "W' - Project Description
Exhibit "B" - Request For Funds Form
Exhibit "C" - Narrative Progress Report Form
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EXHIBIT A.
HISTORIC' SANFORD MEMORIAL STADIUM RENOVATION
ESTIMATED COST AND CONSTRUCTION SCHEDULE
PROJECT COST:
Total project cost (non-phased).
Renovation.to date (by city)
Remaining-Project. Cost ·
REVENUES:
$Z120,000
$370,000
$1,750,000
$1,550,000
10 year line of credit with annual payment by City includes
County contribution .of $40,000 .per year.
$ 200,000
(FY2000 Legislative appropriation. )
NOTES:
1. Project costs increase by $360,000 if done in phases. To complete project in one
phase, the City wig pledge $50,000 annually plus an additional $68,000 per year to
repay the line of credit. The City will seek to offset this additional $68,000 annual
commitment through grants and contributions.
e
In the event the City receives funds in excess of those needed to offset the City's
$68,000 additional requirement, those funds will be used to reduce the County's
annual TDC commitment
ESTIMATED CALENDAR FOR BIDDING & CONSTRUCTION.
Advertisement for Construction May 2000
Award Project July 2000
Construction Start August 2000
Construction Complete August 2001
EXHIBIT ~B"
REQUEST FOR FUNDS FORM
SEMINOLE COUNTY TOURISM DEVELOPMENT
PROJECT
ORGANIZATION
ADDRESS
CONTACT PERSON
REQUEST PERIOD FROM
REQUEST NUMBER
( ) INTERIM REPORT
TOTAL CONTRACT AMOUNT $
SETOFF:
TELEPHONE
TO
( ) FINAL REPORT
FUNDS RECEIVED FROM
OTHER SOURCES
REIMBURSEMENT REQUESTED
TOTALS
NOTE: Furnishing false information may constitute a violation of
applicable State and Federal laws.
CERTIFICATION OF FINANCIAL OFFICER: I certify that the above
information is correct based on our official accounting system and
records. Consistently applied and maintained and that the costs shown
have been made for the purpose of an in accordance with, the terms of
the contract. The funds requested are for reimbursement of actual costs
made during this time period.
SIGNATURE
TITLE
INSTRUCTIONS FOR COMPLETING THE REQUEST FOR FUNDS FORM
FUNDS CAN ONLY BE PAID WHEN THIS FORM IS SUBMITTED to the Seminole
County Tourism Development Department and it is completed correctly and
required documentation attached. Allow at least 30 days for payment.
If this form is not completed correctly and/or required documentation is
not attached, payment will be delayed or denied.
PROJECT NAME:
ORGANIZATION:
ADDRESS:
CONTACT PERSON:
TELEPHONE NUMBER:
REQUEST PERIOD:
CONTRACT AMOUNT:
REQUEST #:
INTERIM/FINAL:
REIMBURSEMENT:
SETOFF:
TOTALS:
CERTIFICATION:
The name of the project for which your
organization is requesting reimbursement (if
applicable).
Your organization name.
The address the payment check should be
sent.
The person who is responsible for the request.
The number of the contact person.
Beginning and ending-date of the request period.
The total of the contract with Seminole County.
The sequential number of this request.
Indicate what type of request this is.
The amount you are requesting for
payment.
The amount of monies received for the project from
funding sources other than the COUNTY.
Enter total for each column.
Type in name, title and date the certifying
Officer of your organization signs request.
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REPORT PERIOD FROM
ORGANIZATION NAME
EVENT NAME
ADDRESS
EXHIBIT "C"
NARRATIVE PROGRESS REPORT
SEMINOLE COUNTY TOURISM DEVELOPMENT
1230 Douglas Avenue, Suite 116
Longwood, Florida 32779
TO
CONTACT PHONE ( )
( ) INTERIM REPORT ( ) FINAL REPORT
Please describe below the status of your project, including the final
completion date. Use additional sheets, if necessary.
Please indicate the total expenditures your organization plans to make
in Seminole County for this project.
(For Final Report Only)
Please indicate the economic impact generated by this project.
# of hotels used
# of hotel room nights
# of out-of-town participants
# of out-of-town fans
# of out-of-town media
INSTRUCTIONS FOR COMPLETING NARRATIVE PROGRESS REPORTS
A Narrative Progress Report is to be submitted to the Tourism
Development office along with your request(s) for payment. This report
is considered an "interim report" when it accompanies any payment
request other than the final request. If the first request the final
request (i.e., one and the same), then that request is considered
~Final" and the Narrative Progress Report would be considered a "Final
Report," to accompany the final request for payment.
The Narrative Progress Report should be completed as follows:
REPORTING PERIOD:
Indicate the period the report covers.
( ) INTERIM ( ) FINAL Indicate what report you
submitting.
are
Answer the questions as completely as possible. For an interim report,
use projections. For a final report, please use actual figures.
Please call the Tourism Development Office if you have any questions in
completing the report. It is important these reports be submitted in a
timely manner in order that progress reports can be made to the Tourism
Development Council.