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697-MetroOrlando Softball-1998,...,,' Q-,ot, v-Gqq METRO ORLANDO AMATEUR SOFTBALL ASSOCIATION NATIONAL CHAMPIONSHIP P.O. Box 948305 · Maltland, Florida 32794 TOURNAMENTAGREEMENT 407.696.9880 · Fax: 407.696.5979 THIS AGREEMENT, dated thei~*'~'day of ['hii~,uk_. 1998, between METRO ORLANDO AMATEUR SOFTBALL ASSOCIATION, INC., hereinafter referred to as MOASA and the NATIONAL TOURNAMENT HOSTING ORGANIZATION, City of Sanford, hereinafter referred to as the NTHO. WITNESSETH: For and in consideration for the use of the premises and other good and valuable consideration hereh~after mentioned: MOASA agrees to have AMATEUR SOFTBALL ASSOCIATION OF AMERICA, INC., hereinafter referred to as ASA, qualified teams as per ASA's Code throughout the United States as determined by the ASA to compete at Historical Sanford Memorial Stadium from August 13 to August 16,1998 to determine the Men's Super Slow Pitch National Champion of the ASA, NTHO agrees to host said National Tournament (the "Tournament") in accordance with terms and conditions hereinaf'~er provided in addition to those provisions provided in the bid by MOASA and/or NTHO. FIRST: NTHO agrees that all questions of qualification and ehgibility shall be determined by the ASA Code, the terms of which are incorporated herein by reference. SECOND: NTHO shall be liable for and shall indemnify, defend and hold the ASA and MOASA jointly harmless from any and all liability for any and all expenses incurred in the conducting of the Tournament games, including but not limited to the following items which NTHO is required to provide as a term and condition of this Agreement: 2.1 UMPIRE EXPENSES: a. NTHO will pay a fee of $17.00 per umpire, per game for the Tournament. At least three umpires shall be assigned to each game prior to the chau~pionship game (s); umpires will be assigned to games by the Tounrament Umpire-m-Chief. Eight (8) umpires will be assigned to the Tournament by the ASA National Office (EXCEPTIONS: The ASA National Office or the Umpire-in-Chief may wish to renegotiate the terms of this section). b. Housing provided for umpires (two to a room) in the same hotel and/or facility and local transportation exclusively for umpires from housing to playing field and return. The NTHO responsibly to provide such housing will commence the day before the Tournament is scheduled to begin and shall continue until completion of the Tournament. Provided however, should the Tournament conclude after 7:00 p.m. local time, the NTHO shall provide housing for one (1) additional flight should such accommodation be requested by any umpire. NTHO will provide a private dressing room and meeting facility in close proximity to the playing fields for the ttmpire staff assigned to the Tournament. c. Umpire-in-Chief will receive same housing and local transportation, as well as $50.00 per diem from the first day at the Tournament until its completion. d. Assistant umpire-in-chief will receive same housing and local transportation, as well as $25.00 per diem from the first day at the Tournament until its completion. (Assignment of an assistant umpire-in-chief will be in accordance with Article 123 (H) (2) of the ASA Code). ADDENDUM: To define transportation - sufficient vehicles to shuttle umpires to and from the airport, the Tournament site (s), housing facilities, and/or all tournament functions for the duration of the Tounrament. 2.2 AWARDS: All Toun~ament awards, as provided for by Article 302 of the ASA Code, will be selected by the ASA and will be purchased by the NTHO from a vendor of ASA's choosing. 2 2.3 PRE - TOURNAMENT MEAL FLrNCTION: NTHO will provide a pre-tournament meal banction for team managers, sponsors, umpires, commissioners; press, et cetera. 2.4 UMPIRE COORDINATOR: A MOASA approved Umpire Coordinator will be assigned to the Tournament; (OPTIONAL) he/she may receive a $25.00 per diem from the first day at the Toun~ament until its completion. 2.5 LIABILITY INSURANCE: NTHO shall provide liability insurance for the Tournament purchased from the ASA chosen agent at a rate determined by the number of participating teams. When alcohol is to be sold at the Tournament, NTHO must provide the State of florida permit/license and alcohol liab~ity insurance. 2.6 TEAM EXPENSES PROVIDED BY NTHO AT NO EXPENSE TO MOASA OR ASA (ifidentiJied in ASA tournament bid) 2.7 TICKET SELLERS: a. NTHO is responsible for providing the gate crew from one hour prior to the start of the first games of the day until the start of the final scheduled games of the day. EXCEPTION: Sunday gate will be optional and NTHO will inform MOASA (30) days prior to the first day of the tournament if this option will be exercised. b. MOASA will provide the NTHO with session tickets for the Tournament; session tickets will be sequentially numbered; session tickets shall be color coded or different in some way to identify the different sessions; all unused session tickets will be returned to MOASA at the completion of the Tournament; (OPTIONAL) NTHO may provide patron tournament passes that need not be numbered; however, a total count of all passes must be given MOASA (30) days prior to the first day of the tournament and an end count at the conclusion of the Tournament. c. MOASA will provide the NTHO with special passes for VIP's, media, event staff and any other group deemed necessary to the operation of the Tournament. NTHO will provide player and coach/manager passes. d. The assigned MOASA tournament representative shall be provided a daily gate report, and at the conclusion of the Tournament, a final gate report. 2.8 FIELD MAINTENANCE: NTHO will provide the grounds crew and ensure playing fields are kept in good condition for the Toun~ament. (SEE ADDENDUM FOR DETAILS). 2.9 SECURITY: NTHO will be responsible for special law enforcement if it is determined such service is warranted. 2.10 FIRST AID: NTHO will provide ambulance service or suitable emergency service at the Tournament facilities. 2.11 STATISTICIAN COORDINATOR: a. NTHO shah be responsible for providing a MOASA approved Statistician Coordinator; (OPTIONAL) a $25.00 per diem will be paid from the first day at the Toun~ament unt~ its completion. b. If statistics are required by ASA Code and All-American team selections are required, the NTHO will 3 ensure these functions are complete and available for the MOASA representative and the ASA National Representative. 2.12 SCOREKEEPER COORDINATOR: a. A MOASA approved Scorekeeper Coordinator will be responsible for booking and scheduling all official scorekeepers and will receive a $1 .(30 booking fee for each game of the Tournament. b. NTHO must use MOASA and ASA certified and registered scorekeepers. c. Game fees are $10.00 per game per scorekeeper for the Men's Super Slow Pitch tournament. 2.13 OFFICIAL PROGRAM: a. NTHO agrees to provide the Tournament official program with the ASA official cover provided by the ASA national office; NTHO agrees to follow all the guidelines provided by the ASA national office and MOASA, including, but not limited to, incorporation of ASA national sponsors and MOASA local sponsors; NTHO may secure additional sponsors and advertisers for the official program, but shall submit a draft of the program to MOASA (45) days before the start of the Tournament. b. NTHO will be responsible for the cost to print and produce the official program. The NTHO receives all revenues from program sales. 2.14 PHOTOGRAPHER: a. NTHO will provide an official photographer for the Tournament approved by MOASA. b. There shall be no cost associated with the use of the photographer since this is a service provided for the teams. NTHO is entitled to any revenue sharing associated with the sale of photos to the participating teams. c. NTHO will be responsible for notifying the photographer of the scheduled times for umpire, team and other photos; NTHO shall be responsible for arranging with the photographer to supply ASA with opening and dosing ceremony photos, top 1-6 finishing team photos, action photos and All-American team photos (if applicable). 2.15 MOASA REPRESENTATIVE: NTHO shall provide an assigned MOASA REPRESENTATIVE a $50.00 per day per diem from the first day at the Tournament until the completion of the Tournament. 2.16 NATIONAL AS REPRESENTATIVE: NTHO. will provide to the NATIONAL ASA REPRESENTATIVE, at no cost to the MOASA, a single room at the headquarters hotel beginning the day before the Tournament is scheduled to begin and shall continue until completion of the Tournament. Provided, however, should the Tournament conclude after 7:00 p.m. the NTHO shall provide housing for one (1) additional night should such accommodation be requested by the NATIONAL AS REPRESENTATWE. The NTHO. shall also provide to the NATIONAL ASA REPRESENTATIVEi at no cost to MOASA, local transportation during the duration of his/her stay in the Tournament city and $50.00 per day per diem from the first day at the Tournament until its completion. THIRD: NTHO agrees to pay to MOASA a flat guarantee (non-refundable) of $200.00 for the right to host the Tournament. Per the terms and conditions of the ASA Bid Proposal and/or ASA National Tournament Contract, NTHO or MOASA will be responsible for payment of the ASA bid guarantee. NTHO agrees to pay MOASA (10%) of all tournament ticket and/or tournament pass revenues. FOURTH: NTHO agrees to pay an assessment fee of $10.00 per team participating in the Tournament to MOASA and agrees to pay an assessment fee of $50.00 per team participating to ASA. ~.~ 4 HFTH: NTHO will charge the entry fee rate of $350.00 quoted in the ASA Bid Proposal to qualified toun~ament teams. NTHO will receive all entry fees collected from qualified participating teams. SIXTH: All MOASA required fees as set out in the in this agreement will be collected and remitted within 30 days after the close of the Tournament. SEVENTH: NTHO will provide MOASA with a copy of the ASA financial report no later than 30 days after the dose of the Tournament. EIGHTH: MOASA will provide the softballs needed for the Tournament. All softballs used in the Tournament competition must have been approved in advance by ASA. NINTH: MOASA Umpire-m-Chief or his designate will be responsible for the coordinating of all umpires with the ASA and the Tournament ASA assigned Umpire-in-Chief. TENTH: NTHO will provide MOASA and its parta~ers (i.e. sponsors) with up to (10) VIP seats and free admission for (10) to each game of the Toun~ament and the same number of passes and invitations to any reception or hospitality function hosted by the NTHO. ELEVENTH: NTHO will provide the MOASA Commissioner with a complimentary pass and/or invitation to all tournament functions. TWELFTH: NTHO will prominently mentinn~ display or indicate on all pressl radio, or television releases as well as all advertising on billboards, showcards, posters, tickets or other similar materials and likewise prominently mention, display or indicate MOASA in identifying the Tournament. NTHO will provide MOASA fence and/or wall space at the Tournament site (s) for ASA, MOASA and sponsor signage. THIRTEENTH: NTHO may not enter into any sponsorship or marketing agreement for purposes of, affecting or relating to any National Championship Tournament without prior, express, written approval of the ASA Executive Director and the MOASA Commissioner. FOURTEENTI-I: At the conclusion of the championship and within 14 days, NTHO will provide MOASA at no cost with copies of news releases, statistics, photographs (i.e. team and action), and all other materials used in promoting and publicizing the Tournament. FIFTEENTH: MOASA will provide tournament souvenirs, including but not limited to, an event T-shirt. MOASA will pay ASA (10%) of Royalty of total gross sales (excluding applicable sales tax). SIXTEENTH: MOASA will coordinate housing and meeting facilities. This includes, but not limited to, the headquarters hotel, umpire hotel and meeting facilities (i.e. umpire meeting and umpire party). NTHO must direct ASA dignitaries, umpires and teams to hotel (s) designated by MOASA. NTHO will be financially responsible for the cost of housing the assigned ASA officials, assigned MOASA personnel and assigned umpires plus the meeting facilities for the Tournament. SEVENTEENTH: MOASA will coordinate auto rental transportation. This includes, but not limited to, transportation for ASA dignitaries, officials, umpires and teams. NTHO must direct ASA dignitaries, officials, umpires and teams to the auto rental company designated by MOASA. NTHO will be financially responsible for the cost of auto rentals of assigned ASA officials and assigned umpires. EIGHTEENTH: MOASA shall provide NTHO with contacts, financial and team data from the ASA National Tournament from the previous year. MOASA will also assist the NTHO in preparing Tourist Development Commission grant documents (if applicable), ASA tournament documents and preparation of commissioner and/or team packets. NINETEENTH: NTHO will provide playing facilities as set forth in the ASA Code and Official Playing Rules. Separate facilities for the umpires must be arranged at the Toun~ament site. Any deviation from these ~, 5 procedures and rules may invalidate this agreement and cause MOASA to relocate the national Tournament if not sat/sfactorily resolved with final determination being made by the ASA Executive Director. TWENTIETH: NTHO shall provide for the check-in of the participating teams and the managers/draw meeting prior to the start of the games. Upon check-in, NTHO will have each team complete an Economic Impact Survey Form. NTHO will also arrange the Opening and Closing/Awards Ceremonies of the Tournament. TWENTY-FIRST: h~ addition to the financial obligatiox~s provided herein, NTHO shah be specifically governed by the rules set forth in the ASA Code. TWENTY-SECOND: This Agreement shah be in effect from the date hereof; provided, however, that at any time prior to date of the Tournament, NTHO may, by written notice to ASA and MOASA, request early termination of this Agreement. NTHO acknowledges that MOASA has relied on the full and complete performance of this Agreement by NTHO. In the event of such request for early termination, or any other breach or threatened breach of this Agreement, NTHO agrees to forfeit the flat guarantee referenced in Section Third hereof. In addition to or in lieu of the said forfeiture, MOASA may pursue all other remedies available to MOASA for such breach available under law, equity or otherwise. TWENTY-THIRD: This Agreement constitutes the entire understanding between the parties cortcerrdng the subject matter hereof, and supersedes all prior oral written agreements. No modifications or amendment of this Agreement may be made except irt writing signed by the parties hereto. This Agreement shall be governed by the laws of the United States of America and the State of Florida and state and federal courts in (county) , Florida shall have exclusive jurisdiction over all matters arish~g out of this Agreement. TWENTY-FOURTH: All notices, request or offers required or permitted to be made under this Agreement shall be in writing and shall be deemed to have been duly given and received either (a) on the day of delivery, if delivered to the MOASA Commissioner, or to the NTHO at the addresses indicated above or other address as any party may designate in writing to the other parties for this purpose, or (b) on the fifth (5th) business day aPcer the date sent, when sent by prepaid registered or certified mail in the United States, or (c) on the date sent when sent by facsimile, telegram, cable, radiogram, or telex and confirmed the same day by prepaid registered or certified mail, addressed as above. TWENTY-FIFTH: This Agreement shall be binding upon the successors and assigns of the parties hereto: WITNESSED BY: PRINCIPALS: Metro O lando An~ teur 'YLtiF'O OF ' ' ..... ; ' ' ', , ,