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
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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.
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(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.
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(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
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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
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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 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:
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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.
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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.