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HomeMy WebLinkAbout938-2003 USA Softball Men's ~ZS AG~EMENT is ~de and entered this /~ day of , 20~, by and between S~OLE 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 "C0~T¥," and THE CI~ OF SANFO~, a Florida municipal co~oration, whose address is Post Office Box 1788, Sanford, Florida 32771, hereinaf- ter referred to as "S~F0~". W I T N ~- S S E T H: 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 WHEP.~AS. Section 125.0104, Florida Statutes, provides that Tourist Development Tax Revenues may be used to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote publicly owned or operated convention centers, sports coliseums or auditoriums within the boundaries taxing district in which the tax is levied; and WHEREAS, the HISTORICAL SANFOPJD MEMORIAL referred to as ~Stadium," is a publicly [owned stadiums, sports arenas, of the COUNTY's special STADIUM hereinafter and operated sports stadium within the boundaries of Seminole County, Florida; 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 promote and continue operation of the Stadium for hosting the 2003 ASA Men's Super Slow Pitch National Championship to be held in September 2003, hereinafter referred to as ~Event," to take place at the Stadium; and W~ERF_~KS, the COUNTY desires SANFORD to place the tournament guarantee to the Amateur Softball Association of America/USA Softball in order to secure the Event for the Stadium, NOW, ~R~FOR~, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and SANFORD agree as follows: Section 1. Term. The term of this Agreement is from October 1, 2002, through September 30, 2003, the date of signature by the parties notwithstanding, 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, ir~aediately in the event that SANFOPdD 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 SANFORD after SANFORD has received notice of termination. Upon said termination, SANFOP~D shall immediately refund to the COUNTY, or otherwise utilize as the COUNTY directs, any unused funds provided hereunder. Section 3. Services. ~ (a) SANFOPJD shall use funds from this Agreement to promote and advertise Seminole County tourism through the holding of the Seminole County-based 2001 USA Softball Men's Super SP Nationals, as described in Exhibit "A," attached hereto and incorporated herein by reference. (b) The Seminole County Convention and Visitors Bureau logo with telephone nun~ber and web site address must appear on all promotional 2 material for which reimbursement will be requested. (c) SANFORD shall submit proposed advertisement and promotional copy to the COUNTY for review and approval prior to publication. Advertising and promotional copy that has not been approved by the COUNTY shall not be eligible for reimbursement. (d) Promotional packages sent out by SANFORD for the event must contain a list of Seminole County hotels provided by the Seminole County Convention and Visitors Bureau. No other hotel list may be included in the promotional packet. All such promotional packets must be approved by the COUNTY prior to distribution in order to qualify for reimbursement. (e) SANFORD is required to utilize the Event Questionnaire provided by the Seminole County Convention and Visitors Bureau. in order to qualify for reimbursement funds, SA/~FORD must provide to the Seminole County Convention and Visitors Bureau, after the event, a minimum number of questionaires, completed in full by attendees at the 2001 Nationals; the minimum number of required questions must be equal to ten percent (10%) of the projected attendance at the event, as stated in the grant application, or one hundred fifty (150), whichever is greater. Incomplete or partial questionaires will not count toward the refunded minimum number. Failure to provide the required number3 of completed questionaires or failure to utilize the required form questionaire shall result in both non-reimbursement of approved funds, but shall also directly impact future qualifications for Tourist Development Tax funding. (f) After-event preliminary statistics for room nights and economic impact must be submitted to the COUNTY no later than thirty (30) days after the event. 3 (g) A hotel poll reflecting an accurate accounting of room nights used for the event shall be conducted by SANFOP~D and submitted to the COUNTY no later than one (1) week after the event. (h) SANFORD shall be required to have and maintain a website for the purpose of promoting tourism to and attendance at SANFORD's event. Said website shall be linked to the Seminole County Tourism website (www.visitseminole.com) and such link shall be maintained throughout the duration of this Agreement. (i) Failure to comply with or failure to meet the requirements of said Section, including time deadlines, shall result in termination of this Agreement and forfeiture of all financial assistance rendered to SANFOPJD by the COLrNTY pursuant to this Agreement.. Section 4. Liabilltyand Liability. (a) Liability. COUNTY, its Commissioners, officers, employees and agents shall not be deemed to assume any liability for the acts, omissions and negligence of SANFORD, its officers, employees and agents in the performance of services provided hereunder (b) Insurance. (1) SANFORD shall furnish the COUNTY with a Certificate of Insurance signed by an authorized evidencing the insurance required by Liability). The COUNTY, its officials, named additional insured under representative of the insurer this Section (Commercial General officers, and employees shall be the Cor~nercial General Liability policy. The Certificate of Insurance shall provide that the COUNTY shall be given not less than thirty (30) days written notice prior to the cancellation or restriction of coverage. Until such time as the insurance is no longer required to be maintained by SANFORD, SANFORD shall provide the COUNTY with a renewal or replacement Certificate of Insurance not less than thirty (30) days before expiration or replacement of the insurance for which a previous certificate has been provided. (2) The Certificate shall contain a statement that it is being provided in accordance with the Agreement and that the insurance is in full compliance with the requirements of the Agreement. In lieu of the statement on the Certificate, SANFORD shall, at the option of the COUNTY submit a sworn, notarized statement from an authorized representative of the insurer that the Certificate is being provided in accordance with the Agreement and that the insurance is in full compliance with the requirements of the Agreement. (3) In addition to providing the Certificate of Insurance, if required by the COUNTY, SANFORD shall, within thirty (30) days after receipt of the request, provide the COUNTY with a certified copy of each of the policies of insurance providing the coverage required by this Section. (4) the insurance (5) pr6viding the requirements: Neither approval by the COUNTY or failure to disapprove furnished by SANFOPJD shall relieve SANFORD of SANFORD's full responsibility for performance of any obligation including SANFORD's indemnification of COUNTY under this Agreement. Insurance Company Requirements. Insurance companies insurance under this Agreement must meet the following (A) Companies issuing policies must be authorized to conduct business in the State of Florida and prove sa~e by maintaining Certificates of Authority issued to the companies by the Department of Insurance of the State of Florida. 5 (B) In addition, such companies other than those authorized by Section 440.57, Florida Statutes, shall have and maintain a Best's Rating of "A" or better and a Financial Size Category of "VII" or better according to A.M. Best Company. (C) If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: 1) lose its Certificate of Authority, or 2) fail to maintain the requisite Best's Rating and Financial Size Category, SANFORD shall, as soon as SANFOPdD has knowledge of any such circumstance, immediately notify the COLrNTY and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as SANFORD has replaced the unacceptable insurer with an insurer acceptable to the COUNTY SANFORD shall be deemed to be in default of this Agreement. (6) Specifications. Without limiting any of the other obligations or liability of SANFORD, SANFORD shall, at SANFORD's sole expense, procure, maintain and keep in force a~nounts and types of insurance conforming to the minimum requirements set forth in this Section. Except as otherwise specified in the Agreement, the insurance shall become effective prior to the commencement of the event and shall be maintained in force until the Agreement c~mpletion date. The a~ounts and types of insurance shall conform to the following minimum requirements. (A) Commercial General Liability. (1) SANFORD's insurance shall cover SANFOPJD for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 6 00 01), as filed for use in the State of Florida by the Insurance Services Office, without the attachment of restrictive endorsements other than the elimination of Coverage C, Medical Payment and the elimination of coverage for Fire Damage Legal Liability. (2) The minimum limits to be maintained SANFORD policy) (inclusive of any amounts shall be as follows: (7) General AggreGate Personal & Advertising Injury Limit Each Occurrence CoveraGe. The provided by an Umbrella LIMITS SThree (3) Times the Each Occurrence Limit $1,000,000.00 or Excess Limit $1,000,000.00 insurance provided by SANFORD pursuant to this AGreement shall apply on a primary basis and any other insurance or self-insurance maintained by the COUNTY or the COUNTY's officials, officers, or employees shall be excess of and not contributing with the insurance provided by or on behalf of SANFORD. (8) Occurrence Basis. The Commercial General Liability required by this Agreement shall be provided on an occurrence rather than a claims-made basis. Section 5. Billing and Payment. The COUNTY hereby agrees to pr6vide funds to SANFORD up to a maximum Sum of SEVEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($7,500.00) for placement of the tournament guarantee as provided above and TWO HUNDRED AND NO/100 DOLLARS ($200.00) for advertising and promotional use. Said funds are reimbursable upon: (a) Receipt by the COUNTY of a Request for Funds Form, attached hereto and incorporated herein as Exhibit "A," from SANFORD requesting all or part of the above amount no later than ninety (90) days after the 7 event. The Request for Funds Form shall be completed properly with original invoices and copies of checks as documentation attached thereto. Such request by SANFORD shall only be for the bid specifically provided for herein. Failure to file the Request for Funds form with the COUNTY within ninety (90) days of the event shall result in termination of this Agreement and forfeiture of all financial assistance to be rendered to SANFOP~D by the COUNTY pursuant to this Agreement. (b) Verification by the Seminole County Convention & Visitors Bureau Director that SANFORD has placed by bid for which reimbursement is sought and has complied with the reporting requirements contained hereinafter; (c) Payment requests Original: Duplicate: shall be sent to: Director Seminole County Convention & Visitors Bureau 1230 Douglas Avenue, Suite 116 Longwood, Florida 32779 Director, Department of Finance Seminole County Services Building 1101 East First Street Sanford, Florida 32771 Section 6. Reporting Retirements. In the performance of this Agreement, SANFORD shall maintain books, records and accounts of all activities in compliance with normal accounting procedures. Each Request for Funds Form shall detail costs incurred. SANFORD shall an interim Narrative Progress Report Form, attached hereto and incorporated herein as Exhibit "B," with the Request for Funds Form. Additionally, SANFORD 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 Co,ts. The purpose for which Tourist Development Tax grant funds are provided to SANFORD shall not duplicate 8 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 this Agreement. Section 8. Unavailability of Funds. SANFORD 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. If, for whatever reason, the funds pledged by the COUNTY to this program should become unavailable, this Agreement may be terminated ir~aediately, at the option of the COUNTY, by written notice of termination to SANFORD as provided hereinafter. The COUNTY shall not be obligated to pay for any services provided or costs incurred by SANFORD after SANFORD has received such notice of termination. In the event there are any unused COUNTY funds, SANFORD shall promptly refund those funds to the COUNTY, or otherwise use such funds as the COUNTY directs. Section 9. Access to Records. SANFORD shall allow the COUNTY, its duly authorized agent and the public access to such of SANFORD'S records as are pertinent to all services provided hereunder, at reasonable times and under reasonable conditions for inspection and examination in accordance with Florida Statutes. Section 10. Liaison. SANFORD shall submit the original copies of the Request for Funds forms, the Narrative ~ogress Report form and any other required reports or correspondence to the following: Director Seminole County Convention & Visitors Bureau 1230 Douglas Avenue, Suite 116 Longwood, Florida 32779 Section 11. Notices. Whenever either party desires to give notice unto the ether, it shall be given in writing by certified United States mail, with return receipt requested, and sent to: For COUNTY: Director Seminole County Convention & Visitors Bureau 1230 Douglas Avenue, Suite 116 Longwood, Florida 32779 For SANFORD: Brady Lessard, Mayor City of Sanford Post Office Box 1788 Sanford, Florida 32771 Either of the parties may change, by written notice as provided above, the person or address for receipt of notice. Section 12. Assi~.uents. 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 l&. Co~apliance with Laws &nde'Regulations. In providing ail services pursuant to this Agreement, SANFORD shall abide by all 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 10 ir~nediately upon delivery of written notice of termination to SANFORD as provided hereinabove. Section 15. Conflict of Interest. (a) SANFORD 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 goverranent. (b) SANFORD 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 SANFORD 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, SANFORD hereby agrees that monies received from the COUNTY pursuant to this Agreement will not be used for the purpose of other State or Federal Agency. IN WITNESS WHEREOF, the parties lobbying the Legislature or any to this Agreement have caused their names to be affixed hereto by the proper officers thereof for the purposes herein expressed on the day and year first above written. ATTEST: J~'~ m. b0u~nERTY, gCity Clerk CITY OF SANFORD Date: 11 ATTES' County ~E~E the Board of ommissioner s of Seminole County, Florida BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA DARYL G. MCLAIN, Chairman Da te: / -/~-- ~ For the use and reliance of Seminole County only. Approved as to form and Attachments: Exhibit ~A" - Project Expenses Exhibit ~B" - Request For Funds Form Exhibit ~'C" - Narrative Progress Report Form As authorized for execution by the Board o[.,Cgunty Commissioners at their /~ ~t~, 204 regular meeting. 12 EXHIBIT "A" PROJECT BUDGET RECAP ' INCOME SOURCES: TOURIST DEVELOPMENT TAX REQUEST $ Z.yoo ADDITIONAL FUNDING SOURCES (Semlnol¢ County cannot be sole source.) entry fees $350/each $ 3,500 Sponsors/cash' 50O $ 5,000 Sponsor/in kind $ 9.000 TOTAL ADDITIONAL FUNDS OTHER INCOME SOIJR.CES t___icket/event passes $ 2,500 ASA 10% souvenir $ collection from vendo'rs 300 -- $ misc. -- $ · 500 TOTAL OTHER. INCOME TOTAL INCOME ALL SOURCES $ 3,300 $ 20,000 PROJECT EXPENSES: Intended Util/zation of Tourist Tax Funds Provide an itemized summary indicating the intended us~ of TDC funds. Please be as explicit as possible~ including intended publieafions~ promotional materiAlsi etc. and how much money will be expended for each category. Use additional sheets ifmecessary. ~A $ 7,500 Printing/adverti~Eng $ 200 $ $ $ $ Total Tourism Funds: Other Project Expenses : Awards $ 7,700 $1,500 Fi.~ld Ma~ -ten,rice Personnel expense~ $ 5,000 Umpize expmnmes $1,000 Fees/T-mJ_rance $1,250--.- Ice/water/lunche~/meeting supplies $2.300 Tom2 Other Project Expenses TOTAL PROJECT EXPENSES Profit (Loss) 2.400 $15.45O $ 23,150 3,150) EVENT NAME EXHIBIT "B" REQUEST FOR FUNDS FOI~M SEMINOLE COUNTY TOURISM DEVELOPMENT ORGANIZATION ADDRESS CONTACT PERSON REQUEST PERIOD FROM REQUEST NUIVfBER ( ) INTERIM REPORT TOTAL CONTRACTAMOUNT $ EXPENSE BUDGET TELEPHONE. TO ( ) FINAL REPORT REIMBURSEMENT REQUESTED TOTALS NOTE: Furnishing f&lse information may constitute & violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our o£ficial accounting system and records. Consistently applied and maintained and that the costs shown have been made for the ~urpose of an in accordance with, the terr~ of the contract. The funds rec~/ested are for reimbursement of actual Costs made during this time period. SIGNATURE TITLE INSTRUCTIONS FOR COMPLETING THE ~EQUEST FOR FUNDS FORM FUAIDS CAN ONLY BE ~EIMBURSED 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 reimbursement. If this form is not completed correctly and/or required documentation is not attached, reimbursement will be delayed or denied. ORGANIZATION: ADDRESS: CONTACT PERSON: TELEPHONE NUMBER: REQUEST PERIOD: CONTRACT AMOUNT: REQUEST #: INTERIM/FINAL: EXPENSE: EUI~ET: REIMBURSEMENT: TOTALS: CERTIFICATION: The name of the event your organization is requesting reimbursement (if applicable). Your organization name. The address the reimbursement 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 category of the expense for which you are requesting reimbursement. The amount budgeted for that expense from Exhibit ~A" of the contract. The amount you are requesting for reimbursement. Enter total for each column. Type in name, title and date the certifying Officer of your organization signs request. REPORT PERIOD FROM ORGANIZATION NAME EVENT NAME ADDRESS EXI{IBIT "C" NARRATIVE PROGRESS REPORT S~INOLE COUNTY TOURiSMDEVELOPMENT 1230 Douglas Avenue, Suite 116 Lon~wood, Florida 32779 TO CONTACT PHONE ( ( ) INTERIM REPORT ( ) FINAL REPORT Please describe below the status of your event, including the final completion date and status of each of the promotional elements for which you will be requesting reimbursement (refer to Exhibit "A") Use additional sheets, if necessary. - Please indicate the total expenditures your organization plans to make in Seminole County, such as advertising and promotion, for this event. (For Final Report Only) Please indicate the economic impact generated by your event. # 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 PROGP. ESS i~EPORTS A Narrative Progress Report is to be submitted to the Tourism Development office along with your request{s) for reimbursement. This report is considered an ~interim report" when it accompanies any reimbursement request other than the final request. If the first request the final request (i.e., one and the sarae), then that request is considered ~Final" and the Narrative Progress Report would be considered a ~Final Report," to accompany the final request for reimbursement. The Narrative Progress Report should be completed as follows: REPORTING PERIOD: Indicate the period the report covers. ( ) INTERIM ( ) FINAL Indicate what report you are submitting. 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.